The commercial agents’ self-employed status is an integral part of their definition. By this status, commercial agents are distinguished especially from persons engaged in similar activities, but in dependent position towards the principal. In general view, criterion of self-employed status seems to be clear; in specific cases, however, it may be difficult to apply. In EU Member States, moreover, it shall apply accordingly to Commercial Agents Directive. This contribution attempts systematically to assess the case law of EU courts and Draft Common Frame of Reference as valuable sources of guidelines for interpretation and application of that criterion.